Where a domain carrying your business name or brand is held by someone else, you have two basic routes. The first is the court, where claims from a trademark or from unfair competition are brought. The second is alternative dispute resolution (ADR), introduced for their domains by the .sk and .cz registries and, for the .eu domain, envisaged by an EU regulation. The routes do not exclude one another, but they differ in what they can achieve, how quickly and on what conditions.
What ADR can and cannot do
Alternative resolution of disputes over .sk and .cz domains is not arbitration under statute. The holder submits to it by contract with the registry when registering the domain. An expert decides, the proceedings are conducted electronically on the administrator’s online platform, and the registry rules describe it as a fast way of resolving disputes. The outcome can only be a transfer of the domain to the complainant or cancellation of its registration. The expert awards neither damages nor costs nor fees.
The court has wider powers. A trademark proprietor may seek an order prohibiting the infringement and removing its consequences, as well as damages (Section 8a(1) and (2) of Act No. 506/2009 Coll.). Further claims are available under the law on unfair competition. ADR is therefore usually sufficient where all you want is the domain itself. If, alongside the domain, you need to prohibit competing business under your designation, or you are claiming damages, those claims can be pursued only before a court. The rules of both registries expressly allow recourse to the court at any time before, during and after ADR.
The .sk domain
The SK-NIC rules in force since 1 September 2020 entrust the administration of disputes to the ADR Centre, which is the European Information Society Institute, o. z. The complainant must assert that the domain is identical or similar to its protected designation and that confusion is likely, and in addition two things: that the holder registered or acquired the domain without rights or legitimate interest and not in good faith. The absence of rights or legitimate interest may be treated by the expert as established by the filing of the complaint itself, unless the holder proves otherwise; the absence of good faith is proved by the complainant. A protected designation is a broad concept, covering a registered trademark, a business name and an unregistered designation alike. If the complainant proves that its designation has a reputation, the likelihood of confusion is not taken into account.
The expert may infer an absence of good faith, for example, from the fact that the holder acquired the domain primarily in order to sell it to the complainant or its competitor for a price manifestly exceeding the costs of registration and maintenance, or that the holder uses it to attract users to its website through confusion with another party’s designation. SK-NIC will implement the expert’s decision unless, within 10 days under point 7.5 of the rules, the holder shows that it is seeking to reverse the outcome before a court or an arbitration court. The view from the other side is described in what to do when you are asked to hand over a domain.
The .cz domain
Since 1 March 2015, .cz domains have been covered by ADR rules administered by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic. The conditions are gentler for the complainant than with .sk: alongside identity or confusing similarity with a protected designation, it is enough to prove either registration without rights or registration, acquisition or use of the domain not in good faith. CZ.NIC will not implement the expert’s decision if the holder shows in time that, after it was issued, court proceedings challenging it were commenced.
With the court route, bear in mind that the court may order not a transfer of the domain but only cancellation of its registration. CZ.NIC states on its website that it responds to such practice of the Supreme Court of the Czech Republic by a rule under which, after a court-ordered cancellation of a registration, the domain may for one month be registered only by the party that sought the cancellation (Article 19 of the rules). Where, however, an enforceable decision orders a transfer of the domain, CZ.NIC will carry it out under its rules (Article 18). The SK-NIC rules have a similar mechanism, with a one-month block in favour of the party that sought cancellation (point 7.8).
The .eu domain
The conditions on which a .eu domain may be revoked or transferred are laid down by Regulation (EU) 2019/517, which has applied since 13 October 2022:
A domain name may also be revoked, and where necessary subsequently transferred to another party, following an appropriate ADR or judicial procedure, in accordance with the principles and procedures governing the operation of the .eu TLD laid down pursuant to Article 11, where that name is identical or confusingly similar to a name in respect of which a right is established by Union or national law, and where it: (a) has been registered by its holder without rights or legitimate interest in the name; or (b) has been registered or is being used in bad faith.
As with .cz, these are alternative conditions. ADR proceedings for .eu are conducted by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic, known as the Czech Arbitration Court.
How to prevent a transfer of the domain during a dispute
Commencing ADR does not of itself prevent a transfer of the domain to a third party unless a court has issued an interim measure or the registry has blocked the domain. SK-NIC may, at the request of the complainant in ADR, block a transfer or early termination of the registration if the complainant pays the fees and undertakes to compensate the holder for loss in the event of failure (point 4.6.1 of the rules). CZ.NIC will block a domain at the request of a party that shows a dispute has commenced, for four months with no possibility of extension (Article 20). On the court route in Slovakia, an urgent measure is available by which the court may order a party not to dispose of certain things or rights (Section 325(2)(c) of Act No. 160/2015 Coll.). For court interim measures, the SK-NIC rules do not require a clause confirming finality and enforceability (point 7.7 of the rules).
How to decide
Before choosing a route, assemble the domain registry record, evidence of your designation (trademark registration, business name, long-standing use) and evidence of how the holder uses the domain, including any offers to sell. It is often worth starting with a properly framed demand letter, which we discuss in someone has registered a domain with my name. We set the strategy according to the extension and the nature of the case through our domains and domain disputes service, and pursue court claims including damages through intellectual property disputes. A registered trademark gives a strong position in each of these proceedings.
This article provides general legal information as at 12 September 2026. It does not constitute legal services or advice on your specific matter. Laws change and the details of your situation may differ. Check the appropriate course of action or contact us before making a decision.
